How Copyright Solved an 18-Year-Old Yu-Gi-Oh Mystery

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With the internet, fans have a high level of access to behind-the-scenes information about the works they enjoy.

If a TV series ends, a movie changes, or a character disappears, we usually know why. As frustrating as it may be to lose something you once enjoyed, at least you know why it happened and who (if anyone) is to blame.

However, it can be all the more frustrating when a character disappears for no clear reason. Fans may scramble to find an explanation, only to find that one isn’t coming.

That’s the exact position in which fans of the trading card game Yu-Gi-Oh found themselves in 2007 and 2008. One of the most notable characters disappeared without any explanation.

Now, eighteen years later, fans seem to have figured out what happened. It all comes back to a copyright infringement lawsuit that flew under the radar at the time, but is now making headlines in the community.

The Background of the Story

In early 2006, Konami released the Strike of Neos series of booster packs for the game. The packs’ cover artwork featured a new character, Air Neos, whose card was also part of the series.

In 2007, Konami reprinted the card as part of Master Collection Volume 3. However, shortly after that printing, Konami made no new prints of Air Neos, even though others from the Strike of Neos were reprinted.

This led many to wonder why Konami suddenly dropped such a prominent character. However, Konami or any artists behind the card game never provided a formal explanation.

However, Instagram user @yugioh.wind may have found the answer eighteen years later.

According to a post on the Yu-Gi-Oh subreddit, he found legal documents that pertained to an April 2008 lawsuit filed by Beyond Comics.

That lawsuit labeled Konami and others involved with the game as defendants and alleged that Air Neos infringed on their superhero Ravedactyl.

According to the lawsuit, Craig Weich is the owner and artist behind Beyond Comics. He created the character Ravedactyl and registered it with the US Copyright Office in 1993. The character first appeared on the Beyond Comics website in 1998.

He claims Konami had access to his work through various means, including conventions they both attended, Weich shopping the character around for a toy deal, and more.

They also highlighted a 2001 interview where Yu-Gi-Oh’s creator, Kazuki Takahashi, claimed that American superheroes heavily inspired his work.

The lawsuit didn’t go very far. Though Weich filed an amended complaint in June, the two sides settled the case in October. The details of that settlement are not public.

It seems most likely that Konami agreed not to produce any more Air Neos cards as part of settling the lawsuit. However, since the lawsuit didn’t attract any attention at the time and the settlement was private, no one could explain why.

Analysis of the Case

There’s no denying that the two characters share much in common. They are both winged heroes with angel-like wings. Both wear full-body suits of nearly the same color. They both wear similar helmets with a pointy teardrop shape, an exposed lower face, and a chin strap.

The similarities are apparent. To make matters worse for Konami, Weich had some reasonably plausible explanations for how Konami could have accessed his work. Though the convention arguments feel stretched to me, Beyond Comics did work with Blue Box Toys, a company owned by Konami.

However, this isn’t to say that the case is airtight. Ravedactyl is still a relatively unknown character. Many of the comments to the Reddit post ask who this character is. There are also differences in style between the characters, with Ravedactyl being more gritty and realistic, and Air Neos being more cartoony.

The burden of proof would have been on Weich at a theoretical trial. Despite the similarities, there’s no guarantee that he’d be able to meet that burden in front of a judge and/or jury. It’s a high bar, and the discovery process would likely have been crucial.

However, Weich’s arguments were strong enough to set the stage for a lengthy and expensive legal battle, which neither side wanted. As such, it made sense for both sides to seek a settlement.

And that is what happened. They ended the litigation just eight months after it was first filed. However, in doing so, they created a mystery that endured for 18 years.

Bottom Line

What makes this case so unusual is how normal it is. At the time it was filed, it didn’t make any headlines. Weich does not appear to have touted the lawsuit publicly, and the two sides, wanting to avoid a lengthy battle, quietly settled it.

This is how most lawsuits, including copyright ones, proceed. Litigation is often just a tool for negotiation. Most parties seek to keep things out of the courtroom and out of the public eye.

However, in this case, it had a very public consequence. Air Neos, a character literally featured on card packs, disappeared. With no public knowledge of the lawsuit or the outcome, all fans could do was wonder about what happened.

Now, 18 years after the character’s last publication, we finally have an answer. Though it’s unlikely Konami or Weich will confirm or deny this, it’s the most probable explanation. The timelines match perfectly, and the allegations were serious enough to warrant a response.

Still, it’s interesting to wonder what would have happened if this case had gone to trial. Both sides had serious challenges ahead of them, and the case could have taken many twists and turns before its conclusion.

But, like many “what if” scenarios, this one will have to remain in the realm of speculation.

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